scholarly journals THE RIGHTS OF LAND IN MARRIAGE AGREEMENT OF MISCENEGATION BY SUBSQUENT THE CONSTITUTIONAL COURT DECISION NUMBER 69 / PUU-XIII 2015 BASED ON THE CUSTOMARY LAW PERSPECTIVE

2018 ◽  
Vol 7 (1) ◽  
pp. 94
Author(s):  
Nurul Miqat ◽  
Farida Patittingi
Keyword(s):  
Common Property ◽  
Customary Law ◽  
Constitutional Court ◽  
Knowing That ◽  
Close Relationship ◽  
Legal Consequence ◽  
Family Based ◽  
The One ◽  
Definition Of ◽  
Husband And Wife

<p>The definition of marriage is provided in Article 1 that: "Marriage is a mental bond between a man and a woman as husband and wife with the aim of forming a happy, eternal, (family) family based on the One Supreme God." The meaning of marriage under the law, Law Number 1 Of 1974 is a marriage has a very close relationship with religion, spirituality, so that marriage not only has the element of birth / body, but the element of spirit / rokhani also has a very important role. The legal consequence of a marriage is the position of a woman who becomes a wife and a man becomes a husband, hence the rights and obligations assumed by both after the legal act of marriage. For those who marry most do not think about the effects of marriage, on their wealth, some of them only think that the consequences of marriage are only the union of two families, and the continuity of their marriage in order to be eternal and happy. Marital Laws Article 35 to Article 37 regulate about the field of marriage property for husbands and wives, Affirmation of Article 35 states that marriage property becomes a common property. While the property of each luggage as a gift or inheritance, is under the control of each. Unless otherwise specified in order to serve as joint property, for this other determination the husband and wife are allowed to make "marriage agreement", this marriage agreement contains about marriage property. Likewise to the perpetrators of miscenegations. Indonesian citizens who marry foreign citizens, not knowing that there are legal consequences of such miscenegations, there is a right to be lost as a result of miscenegation. The rights in question relate to the marriage agreement, which if the perpetrator of a miscenegation does not enter into a marriage agreement will impact on land rights , and it is also known  under costumary law.</p>

scholarly journals Tinjauan Yuridis Akibat Hukum Perjanjian Harta Bersama yang Dibuat Oleh Suami Istri Setelah Perkawinan Berdasarkan Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015

Wajah Hukum ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 65
Author(s):  
Abdul Hariss ◽  
Nurul Wulan Kasmara
Keyword(s):  
Islamic Law ◽  
Constitutional Court ◽  
First Principle ◽  
Legal Research ◽  
Material Sources ◽  
Approach Method ◽  
Pros And Cons ◽  
Legal Consequence ◽  
The One ◽  
Husband And Wife

A marriage is a commitment between two people, in this case a man and woman, with material purpose to build a happy and everlasting family (household) based on Belief in the one and only God which is the first principle of Pancasila(Five Principles). Asset/property issue may arise due to marriage. The development of society’s mindset lead them to enter into a prenuptial agreement before they get married considering that both husband and wife are able to earn asset/property. Besides that, there are many other reasons to enter into a prenuptial agreement. Basically there is no mixture of wealth in marriage between husband and wife. The bconcept of shared assets originally came from customsnor traditions that developed in indonesia. This concept is then suported by islamic law and positive laws that apply in our country. Then a joint proprty agreement was made.  Prenuptial Agreement is an agreement which is made by two people (betrothed couple) before they get married. Prenuptial Agreement had been stipulated in Article 29 Law No. 1 of 1974. However, since the Constitutional Court issued the Decision No. 69/PUU-XIII/2015, Prenuptial Agreement has several modifications which are presently being pros and cons in society. The matter which is being researched in this thesis is: what is the legal consequence of a prenuptial agreement which is made after marriage and based on the Decision of Constitutional Court No. 69/PUU-XIII/2015. The approach method which is used herein is normative legal research. The law material sources are primary law material and secondary law material in form of books and Legislation. Data analyses used in this research are processing and analyzing the data qualitatively andthen descriptively drawn up. The result of this research found the differences between Prenuptial Agreement which is stipulated in Article 29 Law No. 1 of 1974 and the Prenuptial Agreement which is stipulated in the Decision of Constitutional Court No. 69/PUU-XIII/2015

scholarly journals Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint

Argumentation ◽  
2020 ◽  
Author(s):  
Francesca Poggi
Keyword(s):  
Explanatory Power ◽  
The Other ◽  
Legal Argumentation ◽  
Legal Interpretation ◽  
Central Theme ◽  
Critical View ◽  
Legal Literature ◽  
Close Relationship ◽  
The One ◽  
Definition Of

AbstractThe phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned.

scholarly journals KEDUDUKAN ANAK AKIBAT PEMBATALAN PERKAWINAN SEDARAH DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN

2020 ◽  
Vol 1 (2) ◽  
pp. 126-136
Author(s):  
Jinner Sidauruk
Keyword(s):  
Islamic Law ◽  
Indigenous Communities ◽  
Well Being ◽  
Customary Law ◽  
Marriage Law ◽  
Long Time ◽  
Definition Of ◽  
Husband And Wife

Article 1 of the Marriage Law, Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on Almighty God. In the definition of marriage, we also see an element of bonding between a man and a woman as husband and wife. For this reason, husband and wife need to help and complement each other so that each can develop his personality to help and achieve spiritual and material well-being. In inbreeding has been carried out for a long time by people in certain areas who still have blood relations. Where this is done over and over again becomes a habit and then the marriage becomes a culture for a certain area. From the foregoing, it can be seen that inbreeding exists in Indigenous communities where Customary Law applies and Islamic societies that apply Islamic law. After the enactment of the Marriage Law No.1 of 1974 concerning marriage, marriages made with relatives or inbreeding have been restricted and even prohibited in the Marriage Law but if this is violated and occurs, the marriage can be canceled.  

scholarly journals Status Hukum Pernikahan Colong Mempelai Wanita di Desa Sraten Kecamatan Cluring Perspektif KHI dan Adat

2019 ◽  
Vol 8 (1) ◽  
pp. 63-82
Author(s):  
Fawait Syaiful Rahman
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Female Candidate ◽  
Village Community ◽  
Close Relationship ◽  
Family Based ◽  
Physical Elements ◽  
Definition Of ◽  
Field Data Analysis ◽  
Different Cultures

Abstract: The definition of marriage and its purpose in the Compilation of Islamic Law is stated in article 2 that is, the marriage according to Islamic Law is marriage, that is a very strong contract of duty to obey God's commands and to implement it is worship and Article 3 that is, Marriage aims to realize the life of a household that sakinah, mawaddah, and rahmah. Marriage is an inner born bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family based on the Supreme Godhead. The above definition is contained in Act No. 1 of 1974 on Marriage. Marriage has a very close relationship with religion, so marriages not only have physical / physical elements, but also have inner / spiritual elements that have an important role in life. Sraten village, Cluring subdistrict, Banyuwangi district is one of the villages in Banyuwangi with different cultures in marriage. In the village of Sraten there is a marriage where a prospective bride is kidnapped by the man. According to information on observation and interim interview information to informal grandchildren such practice has been passed down to generations, so it is not taboo anymore, because not just one or two times, the practice of marriage with a kidnapped female candidate has been done a lot. Therefore, according to researchers it is important to be more in-depth on the basis of appropriate research theory and methodology so as to produce credible and scientifically accountable data. It is concluded based on the distinction between the theoretical and field data analysis that the marriage collateral that occurs in the Sraten Village of his law is legitimate, since the wedding of the colong is not substantive in terms of the terms and the rukun pernikahan, but the wedding of the colong is just an expression or name of a custom in a the area in this case is the Sraten village community with the aim of maintaining the relationship between the two lovers so that the spouses are involved. Furthermore, the views of the Sraten village community towards the colong marriage during the marriage are approved by both families and guardians from the parties who are willing to guard, the legal status of the marriage is valid and there is no problem.

scholarly journals The Consequences of Sentenza 238/2014: What to Do Now?

2021 ◽  
pp. 215-218
Author(s):  
Doris König
Keyword(s):  
Constitutional Law ◽  
Legal Order ◽  
The Other ◽  
Constitutional Court ◽  
European Law ◽  
Constitutional Courts ◽  
International Court Of Justice ◽  
International Court ◽  
Close Relationship ◽  
The One

AbstractThis chapter illustrates the two ways in which national constitutional courts can deal with a conflict between international or European law on the one hand and national constitutional law on the other hand. The dualist approach of not complying with international or European law comes at the risk of undermining respect for an external legal order and in the author’s view should thus be used in exceptional cases only. The chapter argues that the test of equivalent protection is more constructive but requires a close relationship between the legal orders involved. Therefore, this option is difficult to apply in cases which are about conflicts with international and not with European law. In Sentenza 238/2014, the Italian Constitutional Court chose a dualist approach. Although the legal path has not been exhausted yet (Germany could bring another case before the International Court of Justice), the author advocates negotiations with the aim of achieving a political solution which takes into account the interests of all parties involved.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KREDITOR DAN UPAYA NOTARIS MEMBUAT PERJANJIAN PERKAWINAN SETELAH PERKAWINAN

2019 ◽  
Vol 5 (2) ◽  
pp. 464-491
Author(s):  
Respati Nadia Putri ◽  
Sonny Dewi Judiasih ◽  
Nanda Anisa Lubis
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Court Decision ◽  
Constitutional Court ◽  
Normative Approach ◽  
Marriage Contract ◽  
Legal Consequence ◽  
Notary Public ◽  
Husband And Wife

One of the legal consequence of a marriage is a consolidation of husband and wife assets with the understanding that both parties before signing the marriage contract can decide otherwise, through the pre-nuptial contract. The Constitutional Court Decision No. 69/PUU-XII/2015, made possible the making of a similar arrangement after the marriage contract has been signed.  The focus of this article is to explore, using a juridical normative approach, what legal protection exist for third parties.  The main finding is that legal protection is provided by requiring the contract be made by and before a notary public, registered at the Civil Registrar Office and all that is performed only after the Notary Public made an inventory of both spouse’s assets.

Public and Individual Interests in Electoral Rights of Russia: Legal Positions of the Constitutional Court of the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Андрей Макарцев ◽  
Andrey Makartsev
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Interests ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The One ◽  
Definition Of ◽  
The Individual ◽  
The Given

This article presents the analysis of decisions of the Constitutional Court of the Russian Federation on electoral rights, upon which the hierarchy of the individual and public interests that are realized in electoral relations rests. The author concludes that the balance of interests established by the Constitutional Court of the Russian Federation is not of a permanent nature. The form of expression and the content of coordination of interests of individuals and society can change depending bodies of constitutional justice to definition of a framework of the adjustable public relations. In case of discrepancy of interests of the state, society and individuals expediency of satisfaction and relevance of their implementation can differ depending on the given circumstances. The hierarchy of individual and public interests built by the Constitutional Court of the Russian Federation, on the one hand, is directed to guarantee subjective electoral rights and, on the other hand, to provide stability of the existing political system in Russia, reproduction and functioning of institutes of power. The absence of the official doctrine which would provide that public interests in the electoral relations represent themselves, complicates the mechanism of their realization, and reduces the opportunity given to subjects of legal relationship by the law to use certain social benefits.

scholarly journals Efektifitas Pemberian Dispensasi Kawin Pada Anak Di Bawah Umur Menurut Undang-undang No.1 Tahun 1974 (Studi Kasus Di Kab. Polewali Mandar)

2019 ◽  
Vol 15 (1) ◽  
pp. 73
Author(s):  
Ade Rahayu
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Positive Law ◽  
Age Limit ◽  
The Law ◽  
Family Based ◽  
The One ◽  
Husband And Wife

Marriage dispensation is the relief of something (age limit) in bonding between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Godhead. The purpose of this study was to determine and analyze the effectiveness of Marriage Dispensation in Underage Children in Polewali Mandar Regency and the factors that influence the judge's decision to grant the request for mating dispensation in minors in Polewali Mandar district. The research method used is empirical legal research. The results showed that underage marriage in Polewali Mandar district had not been implemented effectively because underage marriage was still found without going through mating dispensation and the factors that influenced the judge's decision to grant the request were because the prospective bride had been pregnant out of wedlock. Because the judge is not bound by positive law so the judge is given the opportunity to find the law. The judge prioritizes the concept of maslahah mursalah, where the judge chooses consideration of goodness and rejects damage in society and prevents harm.

scholarly journals TRANSFORMATIVE CONSTITUTIONALISM: SEPARATE BUT EQUAL? A SCEPTICAL APPROACH

2011 ◽  
Author(s):  
Ruan du Toit
Keyword(s):  
Common Law ◽  
Constitutional Court ◽  
Civil Union ◽  
Transgender Persons ◽  
Gender Neutral ◽  
Correct Reading ◽  
American Law ◽  
The Common ◽  
The One ◽  
Definition Of

A rather curious case resurfaces regarding a post-liberal reading of the Constitution, where the majority of the Constitutional Court (I would most humbly contend) failed to apply the correct reading of the Constitution and created a backdoor for the legislature to formally discriminate against a category of persons. What case would my bleeding liberal hart then, as a friend often so kindly phrases it, be aggrieved about? The one atop the shrine of annoyance to many religious and more conservative members of our post-apartheid society: Minister of Home Affairs v Fourie I believe the lone dissenter in the matter, former Justice O’Regan, applied the correct reading of section 39(2) of the Constitution by using the so-called principle of ‘reading in’ to create a gender-neutral definition of marriage in the Constitution. Section 39(2) of the Constitution requires a court to promote the ‘spirit, purport and objects’ of the Bill of Rights when interpreting legislation or developing the common law. Former Justice O’Regan was in lone dissent regarding the appropriate remedy pertaining to the unconstitutionality of the definition of marriage in the Marriage Act. She would have had the order with immediate effect and alter the common law definition of marriage, traditionally being the lifelong union of one man and one woman to the exclusion of all others while it lasts, be gender neutral by utilising the so-called principle of ‘reading in’. Instead, the majority of the court gave the legislature time to correct the definition of marriage, and formally discriminate against lesbian, gay, bisexual and transgender persons. The legislature enacted the Civil Union Act. Under the Civil Union Act, spouses can elect to have their union known as a marriage or a civil union. I employ the phrase ‘formally discriminate’, because for the most part the Civil Union Act brings about the same consequences as the Marriage Act. There however seems to lurk some sense of inferiority in the air about a civil union. Generally, albeit a somewhat anecdotal claim (but has nonetheless become a finding of fact in American law), society does not regard a civil union as a marriage. The question arising can be concisely formulated as follows: although a civil union can be registered as a marriage under section 12(3) of the Civil Union Act, does such registration give rise to the same cultural and traditional symbolic values associated with that of marriage?

Understanding functional illiteracy from a policy, adult education, and cognition point of view: Towards a joint referent framework

2019 ◽  
Vol 30 (2) ◽  
pp. 109-122
Author(s):  
Aleksandar Bulajić ◽  
Miomir Despotović ◽  
Thomas Lachmann
Keyword(s):  
Adult Education ◽  
Operational Definition ◽  
Literacy Skills ◽  
Point Of View ◽  
Industrialized Countries ◽  
Functional Illiteracy ◽  
Scale Levels ◽  
Components Of Reading ◽  
The One ◽  
Definition Of

Abstract. The article discusses the emergence of a functional literacy construct and the rediscovery of illiteracy in industrialized countries during the second half of the 20th century. It offers a short explanation of how the construct evolved over time. In addition, it explores how functional (il)literacy is conceived differently by research discourses of cognitive and neural studies, on the one hand, and by prescriptive and normative international policy documents and adult education, on the other hand. Furthermore, it analyses how literacy skills surveys such as the Level One Study (leo.) or the PIAAC may help to bridge the gap between cognitive and more practical and educational approaches to literacy, the goal being to place the functional illiteracy (FI) construct within its existing scale levels. It also sheds more light on the way in which FI can be perceived in terms of different cognitive processes and underlying components of reading. By building on the previous work of other authors and previous definitions, the article brings together different views of FI and offers a perspective for a needed operational definition of the concept, which would be an appropriate reference point for future educational, political, and scientific utilization.

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